Bill Text: NY S08115 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits foreclosures and evictions during a state disaster emergency.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-03-23 - REFERRED TO JUDICIARY [S08115 Detail]

Download: New_York-2019-S08115-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8115

                    IN SENATE

                                     March 23, 2020
                                       ___________

        Introduced by Sens. HOYLMAN, KAVANAGH -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary

        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to evictions and foreclosures during a state  disaster  emer-
          gency

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 111 of the real property  actions  and  proceedings
     2  law  is  amended  by  adding  two  new  subdivisions  6 and 7 to read as
     3  follows:
     4    6. As used in sections 768-a and 1393 of this chapter, the term "state
     5  disaster emergency" shall have the same meaning as in section twenty  of
     6  the executive law.
     7    7. As used in section 1393 of this chapter, the term:
     8    (a) "covered period" means the period beginning on the date on which a
     9  state  disaster  emergency  begins and ending on the date that is thirty
    10  days after the date on which that state disaster emergency ends; and
    11    (b) "covered action" means an action relating to an obligation:
    12    (i) with respect to real or personal property owned  by  a  mortgagor;
    13  and
    14    (ii) that:
    15    (A)  originated  before  the  date on which a state disaster emergency
    16  begins;
    17    (B) is in effect on the date  on  which  a  state  disaster  emergency
    18  begins; and
    19    (C)  is  secured  by  a mortgage, trust deed, or other security in the
    20  nature of a mortgage.
    21    § 2. The real property actions  and  proceedings  law  is  amended  by
    22  adding a new section 768-a to read as follows:
    23    §  768-a.  Evictions during state disaster emergency. 1. Except by the
    24  order of a court, a landlord may not, during a state disaster emergency,
    25  evict a tenant from premises that are occupied or intended to  be  occu-
    26  pied primarily as a residence.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15868-01-0
        S. 8115                             2

     1    2.  (a) Upon an application for eviction with respect to premises that
     2  are occupied or intended to be occupied  primarily  as  a  residence,  a
     3  court  may, upon motion of the court, and shall, if a request is made by
     4  or on behalf of a tenant, if the ability of the tenant to pay  the  rent
     5  that  is  the  subject  of  the action is materially affected by a state
     6  disaster emergency:
     7    (i) stay the proceedings for a period of thirty days, unless,  in  the
     8  opinion  of  the  court,  justice and equity require a longer or shorter
     9  period of time; or
    10    (ii) adjust the obligation under the lease to preserve  the  interests
    11  of all parties.
    12    (b)  If  a  court grants a stay pursuant to this section the court may
    13  grant to the landlord such relief as equity may require.
    14    § 3. The real property actions  and  proceedings  law  is  amended  by
    15  adding a new section 1393 to read as follows:
    16    §  1393. Foreclosures during state disaster emergency. 1. If a covered
    17  action is filed in a court during a covered period, the court may, after
    18  a hearing and upon the motion of the court, and shall, upon  application
    19  by  the  defendant  if  the  ability of the defendant to comply with the
    20  covered obligation is materially affected by a state disaster emergency:
    21    (a) stay the proceedings for a period of time as  justice  and  equity
    22  require; or
    23    (b) adjust the obligation to preserve the interests of all parties.
    24    2.  A  sale,  foreclosure,  or  seizure of property for a breach of an
    25  obligation described in paragraph (b) of subdivision  seven  of  section
    26  one  hundred eleven of this chapter by a mortgagor shall not be valid if
    27  made during a covered period except upon the order of a  court  that  is
    28  granted before such sale, foreclosure, or seizure.
    29    § 4. This act shall take effect immediately.